what type of lawyer does prenuptial agreements

What kind of lawyer can prepare a prenuptial agreement?

While there may be “do-it-yourself” Prenuptial Agreement forms available online, drafting a Prenuptial Agreement that truly meets the needs of you and your partner should be done by an experienced Family Law Lawyer. Online Prenuptial Agreement forms are not able to foster the same discussions or raise your awareness of issues or Ontario Family Law nuances that a lawyer can.

Do I need an attorney for a prenuptial agreement?

In some states each party is required to have an attorney and in some states you don't need a lawyer to create a prenuptial agreement. A prenup must be in writing to be legally valid in every state. It is in your best interest to use an attorney drafted Prenuptial Agreement. Check out a free preview of an attorney drafted Prenuptial Agreement at 1-2-Law.com.

What to consider before asking for a prenuptial agreement?

You should explain that a prenuptial agreement:

• Can make for a much cleaner less stressful divorce if “either” spouse wants the divorce
• Can make for a less stressful divorce is better if there are children
• Can provide financial benefits to both spouses. This takes some work but you should explain that a prenup can provide security and certainty to the spouse who is less well ...

Can I do a postnuptial agreement without a lawyer?

You should hire an attorney to review the agreement and tell you whether its fair. In some states, including California, courts are unlikely to enforce a postnuptial agreement where only one spouse was represented by an attorney. Before agreeing to a postnup, read the agreement carefully.

Who writes prenups?

A prenuptial agreement ("prenup" for short) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person's property rights will be after the marriage.

What makes a prenup legally binding?

The Agreement was Coerced or Signed Without Mental Capacity For a prenuptial agreement to be considered legally valid, it must be signed by both parties voluntarily , and both parties must be of a mental ability to understand the consequences of what they are signing.

Do prenups always hold up in court?

Are Prenups Enforceable? Prenuptial agreements, if drawn up and executed correctly, are legally binding and are usually upheld in court. One recent, high-profile case, however, has shown that prenups are not always ironclad.

What do I need to know before signing a prenup?

Before signing a prenuptial agreement, both parties are obligated to disclose their finances. This includes all investments, real estate, property, and financial liabilities. Some states also consider future inheritances and require them to be included as part of the agreement.

What makes a prenup null and void?

The signing party must have full knowledge of the other spouse's property, assets and debts. If it is alleged that the party hid assets from the signing spouse at the time that the prenuptial agreement was created, or that the contract contains falsified financial information, this will void the agreement.

Can a prenup really protect you?

A pre-nuptial agreement is a very good way for premarital assets to be protected in divorce. A prenup can set forth terms about how you will divide your assets and debts, and whether alimony will be paid, and if so for how long and how it might be calculated, if your marriage ends.

Does cheating break a prenup?

Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. Most prenuptial or partition agreements do not mention abuse or cheating.

What is an unfair prenup?

An Unfair Prenup So, think of unfair prenup as one that would be an agreement that is heavily one-sided or favors a certain spouse, while depriving the other spouse of everything, rending them on public assistance. Related: Talk Marriage, Finances and Prenups in 2021.

What makes a prenup invalid?

Prenuptial agreements can be invalidated if the terms are so unfair and one-sided that the court would question why the spouse would agree to the agreement in the first place.

How long does it take to do a prenup?

Ideally, you should take at least six months, minimum, to draw up and sign a prenup, she says. Otherwise, if it's challenged in court later, there may be questions around whether you were rushed into doing it and if it's valid. If you're already married, you can look into getting a postnuptial agreement.

How can I protect my assets without a prenup?

Can I Protect my Assets Without a Prenup?Consider a post-nuptial agreement. ... Keep your own funds separate. ... Keep your own real estate separate. ... Keep retirement accounts statements issued prior to and at the date of marriage.

Can you get a prenup without your spouse knowing?

Asset protection trusts (APTs) offer an alternative for future spouses looking to protect their assets in the event of a divorce in the future. These can be set up without your spouse even knowing about it.

Why You Need Help from Lawyers

There are good reasons why seeking legal advice when making a prenup is advantageous. In fact, each party to the prenup should get help from a diff...

Decide What You Want Before Seeing A Lawyer

That said, it's best not to ask your lawyers to start writing up a draft or final agreement until the two of you have settled on its essential term...

If You Want to Draft Your Own Agreement

You can use Nolo's book, Prenuptial Agreements: How to Write a Fair & Lasting Contract, by Katherine E. Stoner and Shae Irving, to draft your own p...

Elise Victoria Bouchard

Most family law attorneys handle pre-nuptial agreements. Financial disclosure is required between the parties. Your attorney may only advise you, so it is best if your future spouse retains separate counsel to review the agreement.

Betty Elaine Jones

You need a family law attorney. Use this website to find one. Most AVVO attorneys offer a free initial consultation. Call one of us today. Good luck. Sincerely, B. Elaine Jones, Esq.

Michael Charles McGinn

I agree with my colleague. You should consult with and retain an experienced family law attorney in Tampa area.

Michael Patrick Loberg

Family law lawyers do prenuptial agreements. Make sure both parties are represented by separate attorneys and make sure the prenuptial agreement is signed well before the actual marriage. Your best bet is to consult with a lawyer in your area (most give free initial consultation) who can get all the facts and give you advice.

Leslie S Brady-Alten

Any family lawyer can do a prenuptial agreement. I do advise you to use a lawyer, though, and I always encourage the other side to be represented.

What is a prenuptial agreement?

The latter reason rests in the fact that a prenuptial agreement is a contract that must be interpreted and enforced if necessary. Therefore, the best prenuptial agreement lawyers are skilled in both family and contract law. Also Read: Prenuptial Agreement Checklist.

What does a prenup agreement mean?

The agreement may also specify whether one spouse will pay the other alimony; it may also determine how the couple will divide assets accumulated during the marriage, particularly real estate, or investment accounts. Hiring a prenup lawyer before marriage can save an individual from many bad experiences in the future.

Is a prenuptial agreement enforceable?

When all parties are satisfied, the agreement will be signed by you and your fiancé, therefore making it an enforceable agreement. Hiring a prenup lawyer or an attorney who is experienced in drafting and interpreting prenuptial agreements, will be best in assisting you with drafting a prenuptial agreement or representing you in a dispute arising ...

What is a prenup?

A prenuptial agreement ("prenup" for short) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person's property rights will be after the marriage.

Why do we need a prenup?

Get protection from debts. Prenups can also be used to protect spouses from each other's debts, and they may address a multitude of other issues as well. (For more details, see Nolo's article Prenuptial Agreements -- What the Law Allows .)

What happens if you don't make a prenup?

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. (Property acquired during your marriage is known as either marital or community property, depending on your state.)

What is a post-nuptial agreement?

Sometimes the word "contract" is substituted for "agreement," as in "prenuptial contract.". An agreement made during marriage, rather than before, is known as a "postnuptial," "postmarital," or "marital" agreement.

What is the right of a spouse to share property?

For example, in the absence of a prenup stating otherwise, a spouse usually has the right to: share ownership of property acquired during marriage, with the expectation that the property will be divided between the spouses in the event of a divorce or at death.

What is a good prenup lawyer?

Hiring a Prenup Lawyer. A good lawyer -- well, two lawyers, actually -- will ensure that a prenup fits everyone's needs and stands up to any legal challenges. The law considers marriage a contract between two people.

What is a prenuptial agreement?

A prenuptial agreement, also called a premarital agreement, or a prenup for short, allows a couple to set the terms of the property rights for their marriage, among other things. However, there are often a number of requirements that must be met for a prenuptial agreement to be binding.

What is a prenup?

A prenup can define whether an asset is the separate property of one spouse or whether the asset is part of the marital estate. Providing for children from prior relationships. A prenup can ensure that the children from previous relationships inherit certain property from a deceased parent.

Can a prenup include child support?

Although every state has different laws, a prenup typically cannot include: Provisions that violate public policy: Courts will not enforce provisions that waive future child support, place limits on future custody or visitation rights, or use financial incentives to promote divorce.

Can a prenup be invalidated?

In this situation, especially if the prenup seems unfair to the party without legal representation or if there are concerns about coercion or duress, a court may invalidate the prenup outright. In addition, states typically have strict timelines for executing a prenup that must be followed for it to be deemed valid.